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HomeMy WebLinkAboutMinutes - ZBoA - 02/03/2015 Minutes—Zoning Board of Appeals February 3, 2015 Members Present: S. Woodworth Chittick, Chairman Charles Higginson Benjamin Lacy Jennifer Schultz Others Present: Jennifer Brennan Oram, Assistant Clerk, Zoning Board of Appeals Meeting held in the basement meeting room of Town Hall. Chairman S. Woodworth Chittick opened this continued hearing at 7:33PM. This was a continued hearing from February 2, 2015. The meeting had to be continued due to inclement weather and hazardous road conditions. CONTINUED HEARINGS APPEAL—Filed by Attorney Philip B. Posner, on behalf of his clients,Jason and Carolyn Soules,of the Building Inspector's denial of enforcement action at 392 Jerusalem Road (landowner David F. Crowley- Buck,Trustee 392 Jerusalem Road). File#14.08.22. Chairman Chittick explained that the appellants have requested a continuance to March 2, 2015 and submitted a letter to the Board requesting such. Chairman Chittick moved to continue the hearing to March 2, 2015. Mr. Charles Higginson seconded the motion and the vote was unanimous. SPECIAL PERMIT under§8 and an APPEAL—Filed by Attorney Charles Humphreys on behalf of his client, Gerd Ordelheide,Trustee, Sarro Realty Trust d/b/a Red Lion Inn, of the Building Inspector's decision dated November 13, 2014, ordering the cease and desist of outside weddings at 71-85 South Main Street. §§8 and 12.2.4. File#141.02.08. Chairman Chittick explained that this was a continued hearing and reviewed why the appeal is before the Board. Attorney Humphreys then addressed the Board and reviewed the history of the Special Permit issued by the Zoning Board to the Red Lion Inn in 2000. He stated that the Board granted the right for the function halls. He believes the Board relied on §4.3.6a which states that "...all uses accessory thereto shall be conducted within a completely enclosed building, except the following: (1) Use permitted as right or permissible...". Attorney Humphreys said they believe they can have outside wedding as of right. Attorney Humphreys cited a Nantucket case, Robert M. Elliot vs. Neil Parent. He stated that the court upheld the decision and found that weddings were not a nuisance and upheld the Building Inspector's Decision (see case). Attorney Humphreys said that what the Red Lion Inn is asking for is 15-30 minute ceremonies that he feels are an accessory use to the property and are properly contained within the existing Special Permit. There was then a brief discussion regarding religious vs. civil in regard to ceremonies. ZBA—2.3.15-J BO 1 Minutes—Zoning Board of Appeals February 3, 2015 Chairman Chittick then asked if anyone in the audience wished to speak for or against the Appeal. Attorney Mark S. Bourbeau of Bourbeau &Asoc., P.C., addressed the Board on behalf of his clients, Rowena and Michael Karp of 91 South Main Street. He stated that the issue of religion is a "red herring" being that marriage is a civil matter in Massachusetts. He stated that the Red Lion Inn is not permitted to have the weddings outside because they are not permitted under the existing Special Permit. He said that this appeal is much different than the Nantucket case (Robert M. Elliot vs. Neil Parent) and what they are here for is to see if the Board can do a Variance of the Special Permit that exists. Mr. Michael Karp of 91 South Main Street stated that during the original Special Permit process it discussed at many of the public hearings that the Red Lion Inn not be allowed to hold outdoor events. Chairman Chittick stated that the Board is not hearing this appeal to modify the existing Special Permit from 2000. The Board is here to determine if the letter issued by the Building Inspector is consistent with the existing Special Permit. If they wish to change the Special Permit, they need to go before the Planning Board. The Board will not be modifying the permit or imposing any new conditions. Attorney Humphreys stated that the facts of what happened in 2000 are not part of the history. He then submitted copy of the sound study to the record. After some discussion regarding§4.3.6a, Mr. Charles Higginson moved to continue the hearing. Mr. Benjamin Lacy seconded the motion and the vote was unanimous. NEW HEARINGS SPECIAL PERMIT—Filed by Christopher McKenna. 808 Jerusalem Road, seeks to build 4 one-bedroom apartments at 808 Jerusalem Road. §4.2 and §8.7.2. File#15.01.09A. The applicant, Mr. Christopher McKenna, briefly reviewed his proposal for 808 Jerusalem Road,the location of Reflection Emporium Antiques that burned down last year. He is proposing to construct 4 one-bedroom apartments with some parking located underneath the building. After further review of the site plan, Mr. Lacy stated that he had concerns regarding §4.3.12 that states "No apartment to be created in the Downtown Business District or Village Business District may be constructed on the first floor of a building or structure. Apartments in this district may only be created in connection with commercial use which is located on the first floor of the structure". Chairman Chittick explained that this would require a Variance which could be difficult to grant. He suggested that Mr. McKenna brainstorm with Building Inspector, Robert Egan, and reconsider the application. Mr. Higginson moved to continue the hearing. Chairman Chittick seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by James Kelliher,Axiom Architects, on behalf of landowners,Steven and Betsy Pinkus, seeks to raze the existing residence and construct a new residence at 479 Beechwood Street. §8.7. File#15.01.09B. ZBA—2.3.15-JBO 2 Minutes—Zoning Board of Appeals February 3, 2015 Mr. Brendan Sullivan of Cavanaro Designs, along with Mr. Steve Noonan of Axiom architects addressed the Board. The landowners of the subject property, Mr. Steven and Betsy Pinkus, live next store at 475 Beechwood Street. They are proposing to raze the existing structure at 479 Beechwood Street and build a similar structure, but it will be a bit more conforming. The existing structure is nonconforming in lot size, lot width,the front setback and the right setback. The new structure will have less area in the front setback and will make the right setback conforming. They are seeking relief for a front setback of 22' which is the average of the front setbacks of the neighboring properties. Mr. Lacy asked if they could build the house further back on the lot to make the front setback conforming. Mr. Noonan stated they could not because of the septic system location and the grade is very steep. Mr. Noonan added that they are also bringing the building height down by 1'. Chairman Chittick asked for the calculation of the chimney. Mr. Noonan stated it was 8 square feet (per architectural plans). Chairman Chittick asked if anyone wished to speak. Ms.Therese A. Figueiredo of 485 Beechwood Street stated that she thought the project was great, but was concerned about the driveway and the existing barn with the shed attached that is in poor condition. She wanted to make sure that the driveway was staying the same. She asked if the shed could be removed from the barn as it is about 2'from her property line and pieces keep falling off onto her property. Mr. Pinkus stated that they have no plans for the garage at this time. Chairman Chittick stated that if they do plan to do anything in the future to the barn,the shed would need to be removed. He suggested that Ms. Figuieriedo speak to the Building Inspector with any other concerns. Mr. Higginson asked Mr. Sullivan if the driveway would remain the same. Mr. Sullivan stated it would. After no further discussion, Mr. Higginson moved to close the hearing. Ms.Jennifer Schultz seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by Gerhard and Jessica Lubitz,seek to extend a nonconforming second floor at 278 Forest Avenue. §8.7.2. File#15.01.12. The applicants, Gerhard and Jessica Lubitz addressed the Board. Chairman Chittick noted that there was no site plan with their application (applicants were to file one prior to hearing,they did not). Mr. Lubitz explained that during a winter storm, a tree fell onto their house and ripped a hole in the roof above their master bedroom. The area is presently covered in plastic and squirrels are getting into the house. With the damage they chose to take advantage of the space above and make their bedroom larger and add a master bath. They are not increasing the footprint, but they are extending the structure in the setback which is nonconforming. The Chairman emphasized the importance of the site plan and asked they submit one prior to the next hearing. Mr. Higginson moved to continue the hearing. Ms. Schultz seconded the motion and the vote was unanimous. ZONING BOARD BUSINESS The Board confirmed that their next meeting would be held Monday, March 2,2015. The Board agreed to have Town email accounts. Some board members may choose to not use email. ZBA—2.3.15-JBO 3 Minutes—Zoning Board of Appeals February 3, 2015 Executive Session Minutes Approval—Mr. Higginson moved to appoint Chairman Chittick as the Clerk for the approval of Executive Session Minutes. Ms. Schultz seconded the motion and the vote was unanimous. Chairman Chittick moved to adjourn the meeting. Ms. Schultz seconded the motion and the vote was unanimous. Meeting adjourned at 10:15PM. Respectfully submitted, Jennifer Brennan Oram Assistant Clerk, Zoning Board of Appeals Documents: Nantucket Case—Robert M. Elliot vs. Neil Parent Sound Study conducted by Cavanaugh Tocci Associates, Incorporate, produced for the Red Lion Inn ZBA—2.3.15-J BO 4